Opinion
Civil Action No. 07-cv-02075-WYD-KMT.
June 2, 2008
ORDER
This matter is before the court on review of the file. Plaintiffs have filed a Suggestion of Bankruptcy (Doc. No. 24) advising that Defendant Jon Digby has filed a Voluntary Petition for Bankruptcy pursuant to Chapter 7 of the United States Bankruptcy Code. Therefore, Sections 361 and 362 of the United States Bankruptcy Code apply with respect to the defendant and the property of the defendant. Title 11 U.S.C. § 1520(a). Section 362(a) of the Bankruptcy Code provides
Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, or . . . operates as a stay, applicable to all entities, of (1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title.
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(3) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate. . . .
Title 11 U.S.C. § 362(a). Accordingly, the bankruptcy precludes continuing this litigation with respect to Defendant Jon Digby.
It is therefore ORDERED that all proceedings in this case are stayed unless and until relief from the automatic stay in the Bankruptcy Case No. 08-17142-MER is granted.
The plaintiffs are ORDERED to file a Notice in this case within ten days of any relief from stay in the bankruptcy case as to Defendant Jon Digby.
The plaintiffs are further ORDERED to file status reports beginning September 1, 2008, and on the first of every month thereafter to advise of the status of the proceedings.